MATTER OF SHAPIRO v. COUNTY OF NASSAU


208 A.D.2d 545 (1994)

616 N.Y.S.2d 786

In the Matter of Leonard Shapiro, Appellant, v. County of Nassau, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 3, 1994


Ordered that the order is affirmed, with costs.

It is well settled that the court, in its discretion, may grant an application for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). The key factors which the court must consider are whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality acquired actual knowledge of the essential facts constituting...

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